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Attorney General E. Scott Pruitt
Vol. 48, No. 1 Quarterly March, 2012
Digest
of Opinions
Notice - Available
The 2011 Opinion Book of the Attorney General
Opinion 2012-1
The Hon. Mike Reynolds Jan 13, 2012
State Representative, District 91
1. Under the Open Records Act, it
is the “public policy of the State
of Oklahoma that the people are
vested with the inherent right to
know and be fully informed about
their government.” 51 O.S.2011,
§ 24A.2. Additionally, the purpose
of the Act is “to ensure and facili-tate
the public’s right of access to
and review of government records
so they may efficiently and intel-ligently
exercise their inherent
political power.” Id. Questions of
doubt as to disclosure of public
records are to be resolved in favor
of disclosure. Merrill v. Okla. Tax
Comm’n, 831 P.2d 634, 640 (Okla.
1992); see Tulsa Tribune Co. v. Okla.
Horse Racing Comm’n, 735 P.2d
548, 555 (Okla. 1987). However,
“The Oklahoma Open Records
Act . . . does not apply to records
specifically required by law to be
kept confidential . . . .” 51 O.S.2011,
§ 24A.5(1).
2. The Oklahoma Capital Forma-tion
Board must keep confidential
“[a]ny information submitted to or
compiled by the Oklahoma Capital
Investment Board with respect
to the marketing plans, financial
statements, trade secrets, research
concepts, methods or products,
or any other proprietary informa-tion
of persons, firms, associations,
partnerships, agencies, corporations
or other entities . . . , except to the
extent that the person or entity that
provided such information or that is
the subject of such information con-sents
to disclosure.” 74 O.S.2011,
§ 5085.6(C) (emphasis added).
The confidentiality goes to entities
other than the Board. Information
compiled by the Board regard-ing
the marketing plans, financial
statements, trade secrets, research
concepts, methods or products, or
other proprietary information of a
company given to the Board is confi-dential
absent consent to disclosure.
Absent a specific exemption under
the Oklahoma Open Records Act,
other records, such as information
of the name of the entity receiving
assistance, the amount of invest-ment
or credit insurance the Board
has at risk in a venture and the
returns from investments or credit
insurance are open and subject to
disclosure. 51 O.S.2011, § 24A.5(1);
see 51 O.S.2011, §§ 24A.1 – 24A.29.
3. A wholly owned intermediary of
the Oklahoma Capital Investment
Board used to make investments
or provide credit insurance would
be subject to the same standards as
the Board with regards to disclosure
of information. “Any information
submitted to or compiled” by the

Attorney General E. Scott Pruitt
Vol. 48, No. 1 Quarterly March, 2012
Digest
of Opinions
Notice - Available
The 2011 Opinion Book of the Attorney General
Opinion 2012-1
The Hon. Mike Reynolds Jan 13, 2012
State Representative, District 91
1. Under the Open Records Act, it
is the “public policy of the State
of Oklahoma that the people are
vested with the inherent right to
know and be fully informed about
their government.” 51 O.S.2011,
§ 24A.2. Additionally, the purpose
of the Act is “to ensure and facili-tate
the public’s right of access to
and review of government records
so they may efficiently and intel-ligently
exercise their inherent
political power.” Id. Questions of
doubt as to disclosure of public
records are to be resolved in favor
of disclosure. Merrill v. Okla. Tax
Comm’n, 831 P.2d 634, 640 (Okla.
1992); see Tulsa Tribune Co. v. Okla.
Horse Racing Comm’n, 735 P.2d
548, 555 (Okla. 1987). However,
“The Oklahoma Open Records
Act . . . does not apply to records
specifically required by law to be
kept confidential . . . .” 51 O.S.2011,
§ 24A.5(1).
2. The Oklahoma Capital Forma-tion
Board must keep confidential
“[a]ny information submitted to or
compiled by the Oklahoma Capital
Investment Board with respect
to the marketing plans, financial
statements, trade secrets, research
concepts, methods or products,
or any other proprietary informa-tion
of persons, firms, associations,
partnerships, agencies, corporations
or other entities . . . , except to the
extent that the person or entity that
provided such information or that is
the subject of such information con-sents
to disclosure.” 74 O.S.2011,
§ 5085.6(C) (emphasis added).
The confidentiality goes to entities
other than the Board. Information
compiled by the Board regard-ing
the marketing plans, financial
statements, trade secrets, research
concepts, methods or products, or
other proprietary information of a
company given to the Board is confi-dential
absent consent to disclosure.
Absent a specific exemption under
the Oklahoma Open Records Act,
other records, such as information
of the name of the entity receiving
assistance, the amount of invest-ment
or credit insurance the Board
has at risk in a venture and the
returns from investments or credit
insurance are open and subject to
disclosure. 51 O.S.2011, § 24A.5(1);
see 51 O.S.2011, §§ 24A.1 – 24A.29.
3. A wholly owned intermediary of
the Oklahoma Capital Investment
Board used to make investments
or provide credit insurance would
be subject to the same standards as
the Board with regards to disclosure
of information. “Any information
submitted to or compiled” by the